Law Summary
Considerations in Determining Just Compensation
- Just compensation must consider multiple factors including:
- Cost of acquisition of the land.
- Current value of similar properties.
- Nature and actual use of the land.
- Income generated from the land.
- Sworn valuation by the landowner.
- Tax declarations and government assessments.
- Additional factors include:
- Social and economic benefits contributed by farmers, farm-workers, and the government.
- Consideration of non-payment of taxes or loans from government financing institutions.
Valuation and Compensation Criteria
- Compensation amount is agreed upon by the landowner, DAR, and LBP based on the criteria outlined in Sections 16 and 17 of RA 6657 and other relevant provisions.
- If parties cannot agree, the just compensation may be finally determined by the courts.
Role of the Land Bank of the Philippines
- LBP employs commercial banking personnel with expertise in appraising agricultural properties.
- This expertise enhances the accuracy and efficiency of land valuation and compensation.
- LBP is authorized to augment its manpower resources to effectively implement these responsibilities.
Functions of the Department of Agrarian Reform
- DAR retains its role in identifying priority landholdings for coverage under the Comprehensive Agrarian Reform Program.
- DAR uses LBP's valuation and compensation determinations to proceed with land acquisition and distribution.
Protection of Rights and Remedies
- The Executive Order explicitly states it does not diminish the rights or remedies available to landowners or agrarian reform beneficiaries under RA 6657.
Effectivity and Administrative Coordination
- The Executive Order took effect immediately upon issuance.
- It aims to streamline the administration procedures of land acquisition and distribution within the Comprehensive Agrarian Reform Program by clarifying responsibilities between LBP and DAR.